Wistuk v. Lower Mt. Bethel Township Zoning Hearing Board

DISSENTING OPINION BY

Judge FRIEDMAN.

The majority holds that Jessica Wistuk (Wistuk) has waived her right to seek a deemed approval of her application for a variance and special exception to operate a dog breeding facility on her property in Lower Mt. Bethel Township (Township). Because I believe that Wistuk is entitled both to seek and to, obtain the deemed approval, I respectfully dissent.

As described by the majority, the present matter arose when the Township Zoning Officer issued an enforcement notice charging Wistuk with operating a dog kennel in the Township’s agricultural zoning…